For many years, landlords in England have relied on Section 21 of the Housing Act 1988 as a means of regaining possession of their property. Often referred to as the no fault eviction process, it allowed landlords to bring a tenancy to an end without needing to prove wrongdoing, provided the correct procedure was followed.
While lawful, Section 21 has been the subject of increasing criticism. As renting has become a long term reality for more people, successive governments have faced pressure to provide greater security for tenants while maintaining a workable system for landlords.
This has resulted in the most significant proposed reform of the private rented sector in decades. Central to that reform is the abolition of Section 21. However, despite widespread media coverage, it is important to be clear about what has changed, what has not yet changed, and how landlords should respond during this period of transition.
At the time of writing, Section 21 is still in force. Landlords are still legally entitled to serve a Section 21 notice provided all statutory requirements are met. These include compliance with deposit protection rules, provision of prescribed information, valid gas safety and energy certificates, and correct notice periods.
However, the legal landscape is changing.
The Renters Reform legislation has now passed through Parliament. It sets out a framework for abolishing Section 21 and moving to a system where landlords must rely on specific statutory grounds to regain possession. The intention is that Section 21 will be abolished from 1st May 2026, subject to commencement regulations.
This places landlords firmly in a transitional period. The current law still applies, but future restrictions are approaching. Decisions made now can have long term consequences.
Once Section 21 is abolished, landlords will no longer be able to regain possession simply by serving notice. Instead, possession will only be available where one of the statutory grounds is made out. These grounds include rent arrears, serious breaches of tenancy obligations, or a genuine intention to sell or occupy the property.
While many of these grounds already exist under Section 8, the new regime is expected to place greater emphasis on evidence and procedural accuracy. Courts are likely to scrutinise claims more closely, and errors may be harder to remedy.
For landlords, this represents a fundamental shift. Under Section 21, compliance failures often meant delay but not necessarily the loss of the right to possession altogether. Under the new system, mistakes may result in claims failing entirely.
This is particularly important during the transition. Some landlords are considering serving Section 21 notices now without fully understanding whether the notice is valid. Others are delaying action in the belief that Section 21 has already been abolished, which is not the case.
We regularly advise landlords who discover too late that a notice was defective or that documentation was incomplete. By the time the issue comes to light, months may have passed and opportunities lost.
We also work with landlords who are planning ahead for the new regime. This includes reviewing tenancy agreements, ensuring records and compliance are in order, and advising on the evidential requirements that will apply once Section 21 is removed.
It is also important to understand that transitional provisions are likely to apply. Notices served before the abolition date may still be relied upon for a period afterwards. The detail of these arrangements will matter greatly and is an area where misunderstanding could prove costly.
As the law changes, disputes are likely to increase before the new system settles. Landlords who rely on outdated assumptions or general information risk delay, additional cost and frustration.
Our role during this period is to provide clarity. We help landlords understand their current rights, plan for future changes, and take action in a way that protects their investment.
Renters reform does not mean landlords will be unable to regain possession. It does mean that how and when possession can be recovered is changing. The margin for error is narrowing.
By taking advice early and approaching the transition strategically, landlords can avoid unnecessary risk and ensure they remain compliant as the law evolves.
Call 01253 623900 to speak to our landlord and tenant specialist, Megan Langley.